Opinion
Case No. 4:07CV02069 ERW.
October 28, 2010
MEMORANDUM AND ORDER
This matter is before the Court upon the Report and Recommendation of United States Magistrate Lewis M. Blanton [doc. #10], pursuant to 28 U.S.C. § 636(b). The Court notes that no objections were filed to the Report and Recommendation. After consideration of the issues, the Court hereby sustains, adopts, and incorporates herein the Magistrate's Report and Recommendation.
In addition, a certificate of appealability may only be issued when "the applicant has made a substantial showing of the denial of a constitutional right." See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000); see also Langley v. Norris, 465 F.3d 861, 863 (8th Cir. 2006). Petitioner has made no such showing. Furthermore, the Court does not believe that reasonable jurists might find the Court's decision debatable or wrong, for purposes of issuing a certificate of appealability under 28 U.S.C. § 2253(c)(1)(A). Slack, 529 U.S. at 483-84. Therefore, the Court shall not issue a certificate of appealability as to any claim raised in the Petition.
Accordingly, IT IS HEREBY ORDERED that Petitioner David Griffin's Petition for Writ of Habeas Corpus [doc. #1] is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
Dated this 28th Day of October, 2010.